Policy · Confidentiality & client information

AI data incident steps (confidentiality short form of the AI incident response procedure)

Confidentiality steps for AI incidents that expose information (public chatbots, wrong workspaces, vendor leaks, misdirecting agents, restricted court material, note-taker bots), with the privilege, privacy, court-order and barrier assessment. Runs inside the master procedure.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia, New South Wales
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for Australia and New South Wales.
Version
1
Source
Written for this library

When to use it

Use inside the master AI incident response procedure whenever an AI incident involves client, privileged, personal or restricted information, alongside the data breach response plan. It does not replace the Notifiable Data Breaches assessment or the master procedure's court-correction step.

How AI may be used

AI may help build an incident chronology in an approved tool and draft internal updates. The incident lead, the matter partner and the privacy officer decide containment, notification to clients, courts, insurers and the OAIC.

AI may

  • In an approved tool, assemble a chronology of the incident from logs and emails, citing each source.
  • Draft internal status updates and a lessons-learned report for review.
  • Search the approved tools' audit logs for other uploads by the same user or of the same file.

AI must not

  • Must not decide whether the incident is an eligible data breach, whether privilege is lost, or whether to tell a client or court.
  • Must not draft communications to clients, courts, the OAIC or insurers except as a first draft for the partner to rewrite.
  • Must not be the same tool that caused the incident, unless IT has cleared it.

The lawyer checks

  • The vendor has confirmed deletion in writing, or the risk is recorded.
  • Each affected client has been considered for notification, and the decision recorded.
  • Any court order or practice note breach has been assessed and, where needed, raised with the court.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

More in Confidentiality & client information

All precedents for Confidentiality & client information · Tasks and AI use in this area